Rivera v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT NORBERTO RIVERA, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ) ___________________________) Case No. 2D05-1457 Opinion filed September 28, 2005. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Highlands County; Olin W. Shinholser, Judge. CANADY, Judge. Affirmed without prejudice to the appellant s right to refile his motion showing entitlement to additional jail time credit pursuant to Gethers v. State, 838 So. 2d 504 (Fla. 2003). See Smith v. State, 884 So. 2d 316 (Fla. 2d DCA 2004). VILLANTI and WALLACE, JJ., Concur.

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